If a delivery truck driver was at fault for an accident you were in, that means they are liable for it and must pay you compensation for what you’ve suffered. It’s also likely that their employer will also share some level of fault as well.
By working with a Los Angeles delivery truck accident lawyer, you can claim this compensation and make sure you get a fair amount. Here’s what you need to know about these accidents and how fault is determined.
Who Is Liable in a Delivery Truck Accident?
Determining liability in a delivery truck accident can be a complex process. The delivery driver’s actions behind the wheel play a significant role in determining liability.
Factors such as speeding, reckless driving, and failure to follow traffic laws can all contribute to an accident, making the driver liable for any resulting damages and injuries.
However, the driver is not the only party that may be liable in a delivery truck accident. Other parties that may share liability include the trucking company, the truck owner, and even the truck manufacturer or its parts. Additionally, the shipper or loader of the cargo may also be liable if they improperly loaded the cargo, contributing to the accident.
Key factors that a truck accident lawyer in Los Angeles will look for include:
- The driver’s compliance with trucking regulations, such as hours of service and cargo securement
- The trucking company’s maintenance and inspection records for the vehicle
- The presence of any safety features, such as rearview cameras or lane departure warnings
- The driver’s training and experience
- Any potential defects in the truck or its parts that may have contributed to the accident.
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Gathering Evidence to Prove Fault
After a delivery truck accident, gathering evidence to prove fault is crucial to securing the compensation you deserve. This evidence serves as the foundation of your case, helping to establish the facts of the incident and hold the responsible party accountable.
To build a strong case, it’s essential to collect a variety of evidence, including:
- Witness statements, which can provide valuable insights into the accident and help corroborate your account
- Accident reports, which establish the facts of the incident and serve as official documentation
- Traffic camera footage, which can offer a visual record of the accident and help determine fault
- Any other relevant documentation, such as maintenance records or driver logs, which can help build a comprehensive picture of what happened
You and your Los Angeles personal injury lawyer will work together to collect the evidence necessary for your case to prove the delivery truck driver was at fault. Once that is done, your lawyer will calculate how much you’re owed and make a demand to the insurers.
What to Do Immediately After an Accident
In the chaotic moments following a delivery truck accident, it’s natural to feel overwhelmed and unsure of what to do next. The best thing you can do is to start gathering evidence for your case.
Your priority should be seeking medical attention, even if you don’t think you’re seriously injured. After calling 911, some key steps to take immediately after an accident include:
- Documenting the scene of the accident with photos and videos
- Gathering contact information from witnesses and parties involved
- Notifying the police and filing a report
- Reaching out to an experienced personal injury attorney to guide you through the
process and ensure you receive the compensation you deserve
How J&Y Law Can Help Prove the Delivery Truck Driver Was at Fault
At J&Y Law, our team of attorneys will work diligently to prove the truck driver was the one at fault so you can get compensation for your injuries. It’s essential to have strong legal representation to protect your rights and fight for the compensation you deserve.
Some of the ways we can assist you include:
- Gathering and preserving evidence to support your claim
- Dealing with insurance companies to ensure you receive fair compensation
- Negotiating settlements and representing you in court if necessary
- Providing guidance and support throughout the legal process
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Understanding Comparative Fault in California
You may also share fault for an accident. California follows a “pure comparative negligence” system, which means you can still recover compensation even if you were partially at fault for the accident with the delivery truck. However, your compensation will be reduced by your percentage of fault.
For example, if you were found to be 20% at fault for the accident because you were slightly speeding, and your total damages were $100,000, you would still be able to recover $80,000. Delivery companies and their insurance carriers often try to shift some blame onto the other driver to reduce their financial liability.
This is another crucial reason to have strong evidence and experienced legal representation. Your attorney can help you defend against unfair allegations of fault and ensure your compensation isn’t unfairly reduced.
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Contact J&Y Law Today
If you’ve been involved in an accident with a delivery truck driver who was at fault, it’s crucial to take action to protect your rights. Remember to gather evidence, seek medical attention, and consult with a lawyer who focuses on truck accidents.
With the proper guidance, you can hold the responsible parties accountable and receive the compensation you are entitled to. Our experienced attorneys are dedicated to helping you build a strong case.
To discuss your case, contact J&Y Law for a free consultation.
Call or text (877) 735-7035 or complete a Free Case Evaluation form